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H5107 • 2025

An Act relative to the charter and the town clerk in the town of Falmouth

An Act relative to the charter and the town clerk in the town of Falmouth

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
David T. Vieira
Last action
2026-05-04
Official status
Amended by substitution of bill with the same title, see H5412
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

An Act relative to the charter and the town clerk in the town of Falmouth

An Act relative to the charter and the town clerk in the town of Falmouth By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No.

What This Bill Does

  • An Act relative to the charter and the town clerk in the town of Falmouth By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No.
  • 5107) of David T.
  • Vieira (by vote of the town) relative to the charter and the town clerk in the town of Falmouth.
  • Municipalities and Regional Government.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-05-04 House

    Read third

  2. 2026-05-04 House

    Amended by substitution of bill with the same title, see H5412

  3. 2026-03-26 House

    Committee reported that the matter be placed in the Orders of the Day for the next sitting

  4. 2026-03-26 House

    Rules suspended

  5. 2026-03-26 House

    Read second and ordered to a third reading

  6. 2026-03-12 House

    Bill reported favorably by committee and referred to the committee on House Steering, Policy and Scheduling

  7. 2026-03-03 Joint

    Hearing rescheduled to 03/03/2026 from 01:00 PM-01:30 PM in 222 and Virtual Hearing updated to New End Time

  8. 2026-02-26 Joint

    Hearing scheduled for 03/03/2026 from 01:00 PM-03:00 PM in 222

  9. 2026-02-17 Senate

    Senate concurred

  10. 2026-02-12 House

    Referred to the committee on Municipalities and Regional Government

Official Summary Text

An Act relative to the charter and the town clerk in the town of Falmouth
By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 5107) of David T. Vieira (by vote of the town) relative to the charter and the town clerk in the town of Falmouth. Municipalities and Regional Government. [Local Approval Received.]

Current Bill Text

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Bill H.5107

SECTION 1.

Notwithstanding any general or special law to the contrary, the office of Town Clerk in the Town of Falmouth shall be appointed by the Town Manager subject to the approval of the Select Board, in accordance with other appointments made by the Town Manager under the Charter of the Town of Falmouth. The Town Clerk shall have all the powers, perform all the duties and be subject to the liability and penalties conferred and imposed by law on town clerks. The Town Clerk shall enjoy and be subject to all benefits, including salary, fringe benefits and other conditions of employment, as the existing Town Clerk and the position of Town Clerk shall be placed on the Town of Falmouth Technical Administrative and Management (TAM) Full Time Non-Union Salary Table accordingly.

SECTION 2. Notwithstanding Section 1, the position of elected Town Clerk shall be abolished upon the effective date of this act and the term of the elected incumbent terminated provided, however, that the elected incumbent shall then become the first appointed town clerk and shall serve in that capacity for a period of time equivalent to the remainder of the elected term or sooner in the case of resignation, retirement or removal. Thereafter, appointments to the position of Town Clerk shall be made by the Town Manager, subject to the approval of the Select Board under Section 1.

SECTION 3. The Charter of the Town of Falmouth, which is on file in the office of the archivist of the Commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended as follows:

Striking out the words “and a Town Clerk” from section C4-1(A) so that said section states as follows: Following adoption of this Charter, the only officer to be elected shall be a Moderator.

Striking out sections C4-3(A) and C4-3(C) in their entireties and renumbering section C4-3 accordingly.

Adding the words “a Town Clerk” to section C5-4(A) so that said section states as follows: Subject to the approval of the Select Board granted within ten (10) working days, the Town Manager shall appoint on the basis of fitness and merit alone, an Assistant Town Manager, a Town Planner, a Town Counsel, a Finance Director, a Director of Personnel, a Town Clerk and other department and division heads. The failure of the Select Board to act within ten (10) working days shall constitute approval of the Town Manager’s action. The Town Manager may suspend or remove any person so appointed consistent with the General Laws, this Charter or the bylaws of the Town.

SECTION 4. This act shall take effect upon its passage.

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